Partner Todd Lebowitz authored an article for HR.com on a new National Labor Relations Board rule that drastically changes the test for determining who is a joint employer. “Joint Employer: Decoding NLRB’s Final Rule,” published Dec. 21, 2023, examines the new expansion of joint employment under the NLRA – effective Feb. 26, 2024 – which says that joint employers have the duty to bargain, and that they can be held accountable for unfair labor practices involving workers they did not think were their employees.
“The new rule injects new types of uncertainty into labor relations. The rule will alter the rights and obligations of businesses when dealing with other companies’ employees,” wrote Lebowitz, who elaborated on the new consequences of being a joint employer and offered a list of next steps for business owners.